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Los Angeles Herald.
VOL. XXXII, NO. 206.
ASKS RECEIVER
FDR EQUITABLE
MARYLAND CITIZEN FILES AN
ACTION
HYDE OPPOSES ALEXANDER
Objects to Request of tho Latter That
His Name Be Stricken From
Petition by Which He
Intervened • .
By Associated Press.
NEW YORK, April 24.— J. Wlllcox
Brown, ft citizen of Maryland, through
his attorneys, Battle and Marshall of
this city, today filed an action against
the Equitable Life Assurance society,
In the United States circuit court, ask
ing thnt a receiver be appointed and
for an accounting for the benefit of him
self and other policy holders who may
care to Join with him in the action.
Mr. Brown Is the holder of a $28.000
policy In the company and alleges that
the officials have disregarded his legal
right and have not paid his proper
proportion of the net surplus.
Counsel representing James H. Hyde,
vice president of the Equitable Life
Assurance society, and Franklin B.
Lord, a stockholder In the society, who
has asked for an Injunction against the
proposed plan for mutuallzing that so
ciety, appeared before Justice Maddox
in the supreme court at Brooklyn today
to oppose a petition by James W. Alex
ander, president of the society, to strike
out certain references to Mr. Alexander
from the petition by which Mr. Hyde
intervened In the Lord action.
Notice has been given by counsel for
Mr. Alexander thnt he objects to the
statement In Vice President Hyde's
petition to the effect that the proposed
mutuallzatlon plan was passed by the
board of directors without regard to
the consent of the majority of the
stock and that it was inspired solely
by instructions of Mr. Alexander, as
suming to act In his capacity as presi
dent of the society. Counsel also ob
jected to the assertion that Mr. Alex
ander has been hostile to his trust.
Samuel Untermeyer, counsel for Mr.
Hyde, told the court today that he had
received a copy of the Alexander pe
tition and had heard that it was to be
.presented to the court today and that
he was there to oppose it. The court
however, had not received the Alex
ander petition and there was no
hiaring.
MRS. GORDON REPORTS
1 BOLD BOMB THROWING
Police Say the Work Was That of a
Photograph Fiend — Kennedy
Fires Shots
j A photographer and a big chargelof
flashlight powder, which was exploded
Just outside the front -window of the
Gonion residence, 1518 St., Andrews
place, at 10 o'clock last night, con
vinced Mrs. Gordon, her son and three
daughters that the colonel was at
tempting to blow the family into eter
nity with a single shot.
,Colonel Gordon and his stepson, "W.
J. Kennedy, attempted to try final con
clusions with revolvers at three pace*
last Friday night in a midnight duel,
and since that time both of the par
ticipants have been watchful.
■ When Kennedy pinched himself and
found that he was still alive last night
after the explosion he rushed to the
second story of the house and looked
out to Bee if the perpetrator of the
fiendish act was staying to gloat over
the catastrophe. He says he saw the
skulking figure of a man a short dis
tance away. Anyway he fired two
shots, whereat the figure skulked some
more, but at an increased speed. No
greensward was stained with blood and
the. police are of the opinion that the
man is safe and sound.
Neighbors notified the police and they
responded post haste. An undertaker
heard of the reported shooting 'and
started to the scene, as there have been
frequent threats as to what might hßp
pen. • f .
Mrs. Gordon met the first squad of
police at the door and excitedly told
them that a bomb had been exploded in
the front yard. She believed an at
tempt had been made to kill the family
and wreck the house. The first squad
of police made a careful investigation,
found no evidences of such an attempt,
said they believed it was a camera
fiend and returned to the station. The
second squad of police also conducted
an investigation and was of the same
mind.
JUDGE THAYER DIES
AT HOME IN ST. LOUIS
Eminent Jurist Who Wrote Opinion in
Northern Securities Caie
Passes Away
By AMOClattd Pr«ss.
ST. LOUIS, April 24.— Amos Madden
Thayer, United States circuit Judge of
the fifth Judicial circuit, died at his
home here tonight, after an Illness of
four months, aged 64 years. He wrote
the opinion of the United States court
of appeals in the Northern Securities
rage.
OBJECTS TO ALEXANDER'S PETITION
JAMES H. HYDE
SHOT DOWN IN
FAMILY FEUD
TWO MEN KILLED ON STREET
OF HAVILAH
SLAYER HIDES IN MOUNTAINS
Old Quarrel Between Kern County
Families Breaks Out Anew and
Innocent Bystander Falls .
a Victim
By Associated Press.
BAKERSFIELD, April 24.— A feud
between two well known families, the
Walkers and the Burtons," extending
over- a period of ' two decades, brokfi
out again in the mining town of Havl
lah at 2 o'clock this afternoon when
Ne^yt Walker and Dave Burton fought
a pistol duel In the street resulting in
the instant death of Burton and his
Innocent companion,' a man nanwl
Bagsby. Ten or a dozen shots were
fired before Burton fell and Walker,
after coolly reloading his pistol, mado
his escape and is now hidden in ths
mountain fastnesses.
This is the third of the Burton boys
to die violent deaths. Fletcher Bur
ton -was killed by Ben Walker in 1831
and Walker is still a fugitive from Jus
tice. The Gibson Brothers -were con
victed as accessories to the crime and
sentenced to life imprisonment, but
were subsequently pardoned. Jim Bur
ton was shot down on the same night
that Fletcher was killed, but he re
covered only to meet death a year
later at the hands of, C. H. Allison, a
partisan of the Gibsons. Allison was
subsequently acquitted.
There is but. one of the Burton
brothers alive now, Luther by name, a
prominent mining man of Tonopah
and noted as a man of nerve. He has
been notified of his brother's death
and when he arrives at his old moun
tain home further trouble Is feared, ,nn
the Gibsons and Allisons are both liv
ing In that section. ;,, v?.';'.
Only last week Phil Walker, the
youngest member of the Walker family,
pleaded guilty .to murdering an old
man by the name of Nicoll and wns
sentenced to life Imprisonment. Ho
was taken to San Quentin yesterday.
Sheriff Kelly left this afternoon for
the scene of the tragedy and officers at
Kernvllle and Callente are., out in
search of the fugitive. .
GOULD TO BE DIRECTOR
OF WESTERN PACIFIC
San Francisco Man to Resign to
Make a Vacancy
for Him
By Anoclatid Pre««.
SAN FRANCISCO, April 24.— 1t Is
now announced that George J. Gould
Is to become a member of the board
of directors of the Western Pacific
railroad, the new overland line which Is
to be built between Salt I.nke and this
city In order to give the Gould system
of roads an entrance Into this state
and city. One of the San Francisco
directors of the company !s to resign
In a few days to 'create a vacancy In
the board for this purpose, Mr.
Gould will make the fourth eastern
man on the board, the other three
being William H. Taylor of the Trust
company, B. T. Jeffery and Edwin
Hawley,
It Is understood that several of the
local directors will soon give way
for other New Yorkers, bo that a ma
jority of the hoard can readily meet
in New York for the transaction of
business. HEHI
LOS ANGELES. CAL., TUESDAY MORNING, APRIL 35, 1905.
BIG WASHOUT ON
THE SANTA FE
TRAFFIC* STOPPED AND TWO
MEN KILLED
WORK OF REPAIRING IS SLOW
It Is Believed That Two Days Will
Be Required to Mend the Track .
and Restore Service to Nor.
mal Conditions
By Associated Tress.
GALLUP, N. M., April 24.— N0
through truins have run in either di
rection on the Santa Fe for the past
twelve hours and the '- prospects for
repairing the break in ,the line be
tween Blue Water and Grants are
very poor. It is believed here that it
will require at least two days to re
store through traffic. The track for
nearly half a mile is washed out and
the work of repairing ■ the break will
be delayed until the storm abates, as
it is said. the Mexican laborers refuse
to work in the rain.
It has been raining almost continu
ously for the past 60 hours and the
prospects for better weather are not
Overland train No. 2, which left Los
Angeles Saturday at 8 p. m., Is laid up
at Gallup, and other east-bound trains
are held at Sellgman on account of a
wreck at Crookton early this morning
caused by soft track, In which the en
gineer and fireman of passenger train
No. 8 were killed. •
The engine, tender and. one car went
Into the ditch and rolled down a high
embankment. AU west-bound . trains
sre stalled at .Albuquerque on account
of the washout at^Blue Water. ..
Two gangs of twenty men are at
Blue Water ready to start work as soon
ns the storm abates. Fifteen hundred
feet of track is under water near that
point.
ROBBED AND LOCKED UP
Chicago Victims Relieved of Diamonds
by Pretended Officers . £
By Amoclated Press.
CHICAGO, April 24.— 0n the pretext
of serving?- a search warrant three. men
obtained entrance to the apartments
of Mrs. D. Gllmore on Twentieth street
and at the point of revolvers robbed
Mrs. Gllmore and Edward Olroux of
$2500 worth of diamonds. The victims
were then bound and thrust into a
closet and the door locked upon them.
After the robbers hnd departed Mrs.
Gllmore tiiKßed at her bonds nnd re
leased her hands. She and Olroux
were half strangled In their narrow
quarters. Glroux kicked out one of the
panels In the door and Mrs. Ollmore
crawled through. She secured a dupli
cate key and released Glroux. About,
$5000 worth of Jewelry sought by the
robbers was overlooked.
HUGE WYOMING LANDSLIDE
Work of Clearing Cut Will Occupy
Thirty Days
By Atnoetslad I'tms.
CHEYENNK. Wyo., April 24.— The
landslide ' at Edson, which caused -the
wreck of a Union Pacific freight train
on Saturday nlgtifr fills a'cut 250 feet
long and 25 feet deep. Sixteen pas
senger trains and an immense amount
of freight. ' including several fruit
specials, are stalled.
A temporary track will be completed
tomorrow morning. Malls and paesen
gers are j now being transferred by
wagons. A heavy snow Is Impeding
the. work of wrecking crews. The cut
will not be clear for thirty days.
NAN PATTERSON
AGAIN ON TRIAL
ALMOST COLLAPSES IN THE
COURT ROOM
PROSECUTION OUTLINES PLAN
Assistant District Attorney Rand
Makes Opening Address, Ex.
plaining Points He Ex.
pects to Prove
By Amnclated Prem.
NEW YOIIK, April 24.— The third
trial of Nan Patterson, accused of the
murder of Caesar Young, began in
earnest today before Recorder Qoff In
the court of general sessions. Confident
and almost smiling In the previous or
deals the former show girl today was
on the verge of collapse. She became
faint at the close of the morning ses
sion, necessitating a hurried adjourn
ment of the court, but hnd revived eon
slderbaly when the afternoon session
began.
The feature of the day's proceedings
was the opening address of Assistant
District Attorney Rand, In which he
outlined what the prosecution Intended
to prove. He declared that Young
never carried a pistol and that the
state would prove that the revolver
that killed Young was bought by
Joseph Morgan Smith, brother-in-law
of Nan Patterson.
Mr. Rand said that he would prove
by sworn evidence that during the year
Young maintained Nan Patter»on he
spent $50,000 on her; that Nan Patter
son and the Smiths entered into an al
leged conspiracy to prevent Young
from leaving this country and to avoid
cutting out their enjoyment of his
money. Young, ho contended, acted as
one marked for slaughter from the time
he received the alleged threatening let
ter In which, It is said, Julia Smith,
Nan Patterson's sister, wrote to Young:
"Unless you do see Nan I cannot an
swer for the consequences."
The petition filed by counsel for the
Smiths to compel District Attorney
Jerome to give up letters taken from
them when they were arrested in Cin
cinnati was denied today by Justice
Gaynor.. in the New York supreme
court. '• ■ ' . • ft '■■'■
ADMITS THEFT
OF $1,450,000
PRESIDENT OF MILWAUKEE
BANK ARRESTED
HAD SPECULATED IN WHEAT
Frank G. Bigelow Appears Before the
Board of Directors and Confesses
That He Has Embezzled .
Great Sum
By Associated Press.
MILWAUKEE 3, April 24.— Frank G.
Blgelow, until today president of the
First National Bank, was arrested to
day charged with the embezzlement of
over $10Q.,000 of the bank's funds. . '■■,-: t \\
The arrest of Mr. Blgelow followed
his confession to the board of directors
of the bank that he was a defaulter
to the extent of $1,450,000. 'Following
FRANK G. BIGELOW
Mr. Blgelow's confession he was re
moved, from the presidency of the bank
and the facts In the case were laid be
fore the federal authorities.
The complaint was sworn to by U. S.
District Attorney 11. O. Butterfleld. It
charges that Blgelow as president of
the First National hank embezzled a
sum exceeding $100,000. A complaint
and warrant Identical with those in
Blgelow's case were made out for
Henry G. (1011, assistant vice-president
of the bank, but 001 l could not be
found up to 7 o'clock tonight.
President Blgelow was taken before
U. 8. Commissioner Bloodgood to
night. He waived a hearing and was
held to the federal grand Jury under
$25,000 bond. I">r. Horace M. Brown
and Arthur McGooch certltied his
(Continued on Fa«e> Iwe.l
ACCUSED WOMAN BREAKS DO WN IN COURT
NAN PATTERSON
Texas Congressman
Killed at Meeting of
Local Option Advocates
John M. Pinckney and Three Others Shot to Death,
and Several More Injured by Flying
Bullets in Free Fight
By Associated Press.
HEMPSTEAD, Tex., April . 24.—Con
gressman John M. Pinckney. and two
other men were killed at a mass'meet
ing here tonight called for the purpose
of petitioning the governor to send
rangers here to enforce the local option
law— -.-:•-.*••••-.- -, . • ..'^~~°. ■;■-—?*,. -■-..,■•,
J. N. Brown, a leading lawyer and a
leading antl-Prohlbltlonlst, began j the
shooting, which became general in an
instant. . ■ •
The dead:
J. N. BROWN.
J. E. MILLS.
CONGRESSMAN . JOHN . M. PINCK
NEY.
TOM PINCKNEY, brother • of the
congressman.
. Doc Tompkins, private secretary to
Congressman Pinckney, and Rollln
Brown, son of J. M. Brown, are badly
wounded but how seriously cannot be
learned. There are. many armed men
LONDON TIES
SOUNDS ALARM
Special Cable to The Herald.
BOMBAY, India, April 24.— The
Times, commenting on the recent Lib
eral, opposition in the British house
of commons to strengthening: the north
western frontier of India, says the op
position does not realize the Importance
of the matter.
It asserts that a Russian army of
200,000 men Is now concentrated In
Central Asia and that this force Is
within striking distance of Herat Af
ghanistan, which It could capture in a
week.
The Afghan army has degenerated
into a* mere rabble, and the whole
country Is losing the cohesion it pos
sessed under the laUt ameer. The hold
of s llablbullah Khan, the present
arrieer, upon Afghan and Turkestan is
steadily weakening.
The completion of the Russian Oren
burg railroad has revolutionized the
whole situation, and the Russian Cen
tral Asian army could walk over the
unsupported Afghans without the
slightest difficulty. , ■•■ .* .
The need for a watchful prepared
ness on the Indian frontier was never
greater than now.
TEAMSTERS DECLARE '
CHICAGO STRIKE OFF
Quarrel With Garment Workers' Union
Leads to Sudden Collapse of
the Struggle
By Atsoeist»d Pr««.
CHICAGO, April 24.— The teamsters
tonight called off the strike against
Montgomery Ward & Co. The refusal
of the garment workers, in aid of
whom the teamsters went on strike, to
be parties to a fight against only one
firm when they had grievances against
a number led to ( a disruption of the
committee managing , the strike and
the collapse of the strugfi*.
PRICE: DAILY, BY CARRIER, 65 CTS. PER MONTH
on the streets tonight, but It is not be
lieved there will be any more trouble.
The governor has been notified and
will send rangers here. .
Late tonight J. E. Mills died from
the wounds he received. He was a
farmer who had long been prominent
in the affairs of the county. ; _■
\ When; the j trouble \ began J Tornpklns,
private' secretary : to r ' Congressman
Pinckney, was making a speech to a
motion. Captain Brown had the floor.
He used language .which was objected
to and at the same time grasped
Tompklns by ■ the coat. Congressman
Pinckney -sprang • forward and .the
shooting j began, no one appearing to
know who fired the first shot, though
It is. said that a kinsman of Brown
fired and that . Congressman Pinckney
was the first to fall. A number of
men ■ appeared ; to •■' be engaged in the
shooting and something like 100 shots
were fired.
Brown was a lawyer who had been
practicing here for twenty years.
OFFICERS GET
AFTER LOTTERY
By Associated Press.
SAN FRANCISCO, Aprll v 24.— Acting
under Instructions from Washington,
Federal officials today began what Is
declared to be an active campaign
against lottery companies. Officers con
nected with the United State's mar
shal's office, secret service and post
office raided the local agencies of the
Honduras and Mexican lotteries and
surprised the employes In the act of
handling a large quantity of tickets.
Papers and packages were also se
cured as evidence.. A number of em
ployes were arrested.
Postoffice Inspector Monroe said: • "I
can only say In general that it is on
orders from> Washington that I am
working, and that the Information got
by the department was from Inspectors
In San Antonio, In Colorado and In Lou
isiana, where those tickets are brought
In from Honduras and from Mexico.
Raids have already been made at Los
Angeles and other points."
All the • complaints so far have
charged the arrested parties with vio
lating interstate, commerce law,
which makes it a felony punishable
with' two years' Imprisonment to send
lottery, tickets from one state to an
other, either by mall or express.
FUEL AND IRON COMPANY
WILL ADVANCE WAGES
By A»ocltt*d Frws.
PUEBLO. Colo., April 24.—Announce
ment Is made that, beginning May 1,
the 6000 employes.of the Colorado Fuel
and Iron company's plant In this city
will receive an advance in wages vary
ing from 7 to 25 per cent. The office
employes. and superintendents will re
ceive from 10 to 20 per cent advance,
while the men in the mechanical de
partments will reectve an average of
7 per cent " . . ,
JAPANESE SHIP
BADLY DAMAGED
REPORTED TOWED BY AN
OTHER MAN OF WAR
GERMAN CRUISER SIGHTS HER
Rojestvensky Suffering From Dy»en«
tery, and Observers Are Not
Unanimous as to Efficiency
of the Russian Fleet
By AMOriKMd Prats.
TSINGTAU, April 25.— The German
cruiser Sperber reports having sight,
ed, April 22, in the Strait of Formosa,
a Japanese man of war towing anoth
er one whiih was badly damaged.
SQUADRON SAILS NORTH
Flfty.Two Russian Vessels, Including
Transports, Leave Kama
ranh Bay
By A*Kncl»te.l Press.
KAMRANH BAY." Indo-Chtna, via
Saigon, April 24.— The Russian squad
ron, consisting of fifty-two ships, In
cluding transports, left Kamranh Bay
at noon April 22 and the main portion
soon disappeared in a northerly direc
tion. . Sixteen i vessels— the Russian
cruiser Svletlana, the Russian battle
ship Orel, four German transports,
seven Danish - transports and 1 three
Russian transports— remained in the
o fling.
Fishermen and others assert that
they heard cannonading off Kamranh
Bay during the evening of April 22.
Those who saw Admiral Rojestven
sky prior to his departure say he . Is
suffering from dysentery, accompanied
by severe pains. All the officers and
crews of the Russian ships appeared
to be full of confidence. It is believed
that it Is Admiral Rojestvensky's In
tention to do everything possible to
have Admiral Nebogatoff join htm be
fore undertaking a decisive battle.
A torpedo boat destroyer is patrollng
the coast. The French third class
cruiser Descartes left here at 2 o'clock
Saturday afternoon for a point on the
coast, where a fisherman reports that
he saw twenty warships. The man,
however, was unable to give their na
tionality.
Although the Russian . crews j wer«
confident of victory independent ob
servers who got near enough to Ad
miral.. Rojeatvensky's i warships to be
abie to inspect them were not unanim
ous regarding the efficiency of tho
squadron.
The point to which the cruiser Des
cartes went is Nratrang, a small town
fifty miles north of Kamranh bay on
Nhatrang bay. The latter is smaller
than Kamranh bay, quadrangular In
shape and extends about ten miles in
land at a uniform width of about four
miles. '
Fleet Fifteen Miles Out
By Associated Press.
SAIGON, April 24.— According to
the last news received here, the Rus
(Continued on Page Ten.)
THE DAY'S NEWS
FORECAST
Southern California: Cloudy,
unsettled weather Tuesday; possi
bly light showers; fresh south
winds. Maximum temperature In
Los Angeles yesterday, 66 degrees;
minimum, 58 degrees.
I—Japanese1 — Japanese ship badly damaged.
2— Clark satisfied with new road.
3— Stringent rule* for chauffeurs.
A — Council facing garbage bugbear* .
s—Southern5 — Southern California newt "7./:
6— Editorial "l'o-V
7 — City new*
B.9— Classified advertisements.
10 — Sports.
11— Markets.
12— Stars appear In Shakespeare play*
EASTERN
Former IJeutenant Governor Woodruff of
New York married to MIM Morrison.
May Ynhe and her husband appear together
In vaudeville. ■ ■ .
Congressman and others killed tn •hoottnf
affray at local option meeting- In Texas.
FOREIGN -,
Herman cruiser reports sl«htln( Jspaner*
war vessel damaged and In tow of another
man-of-war.
Japanese protesting vigorously against fur
ther br<aches of neutrality.
Polish correspondents anticipate reign of
terror after Easter.
COAST
Grand Parlor. Native Sons of Oolden West,
opens session at Monterey.
Serious washouts on the Santa F* cause In
terruption of traffic.
Fruit growers of Riverside and Pomona val
leys entertain Washington and Berkeley au
thorlUm.
LOCAL
Oordon family bellevee an attempt was.
made on their lives
Francis Murphy celebrates «9th birthday.
Woodmen busy with work and play.
Business women organise a club.
Council instructs city attorney to prepare
ordinances to call anti-saloon election.
Oarbane bids are opened by the council;
but action Is deferred uptll report of Roderick
McKay can be had. ...
Ordinance Is passed making It unlawful
for persons under It years old to operate
* lßulldlngl Bulldlng committee withdraws oil section
from building ordinance.
New division of the appellate court opens.
Loaded gun causes excitement In court room.
Plough divorce case thrown out of court.
Mark Keppel makes stand In effort to pre
vent . removal of county rchool office from
"lias Vegas land boom to start In a couple of
"senator W. A. Clark and officials of Bait
Lake road arrive in Los Angeles.
Jury hears argument In the Hays case.'
Costs three young men ISO to wink at a
woman In Chutes park.) -.
Teamster drops dead at Main and Wlnsto*
street*. 'fttHfrfOT&SEMM